[1] Extinctive prescription period of the victim's claim for automobile liability insurance money against the insurance company

[2] The starting point for the statute of limitations of insurance claims

[1] The legal nature of the victim's direct right to claim for damages against the insurance company is the right to claim for damages under the Guarantee of Automobile Accident Compensation Act, and if it is not exercised for two years pursuant to Article 20 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 5793 of February 5, 199), the extinctive prescription expires.

[2] Where there are circumstances under which the claimant was unable to know the occurrence of the insurance accident without negligence because it is objectively unclear whether the insurance accident occurred, the extinctive prescription of the right to claim insurance proceeds from the time when the insurance accident occurred or could have been known, however, barring such special circumstances, the extinctive prescription of the right to claim insurance proceeds from

[1] Articles 12 (see current Article 9) and 20 (see current Article 33) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 5793, Feb. 5, 1999) / [2] Article 662 of the Commercial Act; Article 166 (1) of the Civil Act

[2] Supreme Court Decision 97Da36521 delivered on November 11, 1997 (Gong1997Ha, 3772), Supreme Court Decision 97Da5422 delivered on May 12, 1998 (Gong1998Sang, 1610), Supreme Court Decision 98Da60613 delivered on February 23, 199 (Gong199Sang, 552), Supreme Court Decision 2000Da31168 delivered on April 27, 2001 (Gong201Sang, 1238)

Plaintiff 1 and one other (Law Firm Song-dong, Attorneys Lee Jae-dae et al., Counsel for the plaintiff-appellant)

Dongbu Fire Marine Insurance Co., Ltd. (Law Firm Vindication, Attorneys Jeon Jae-in et al., Counsel for the plaintiff-appellant

Seoul District Court Decision 2001Na5660 delivered on August 23, 2001

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. On the first ground for appeal

According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the extinctive prescription of the above insurance claim is one of three years of extinctive prescription, such as tort claims, on the ground that the extinctive prescription of the above insurance claim expires unless it is exercised for two years pursuant to Article 20 of the Automobile Accident Compensation Guarantee Act (amended by Act No. 5793, Feb. 5, 1999) since the legal nature of the plaintiffs' direct right to claim damages against the defendant as to the automobile accident compensation insurance claim is a claim for damages under the Automobile Accident Compensation Act. The judgment of the court below

2. On the second ground for appeal

Where there is no objective doubt as to whether the insurance accident occurred or not, and there is a circumstance in which the claimant was unable to know the occurrence of the insurance accident without fault, the extinctive prescription of the insurance claim will proceed from the time when the insurance accident occurred or could have been known, but in principle, unless there are such special circumstances, the extinctive prescription of the insurance claim will proceed from the time when the insurance accident occurred (see Supreme Court Decision 97Da36521, Nov. 11, 1997). In this case where the perpetrator took advantage of the victim who was the wife and driving an automobile, and the victim died, the judgment of the court below that the insurance claim was extinguished by the lapse of two-year period from the date when the plaintiffs, who were the claimant, knew of the damage and the perpetrator caused the accident in this case at the time when the accident occurred,

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the plaintiffs who have lost them. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)